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(영문) 춘천지방법원 강릉지원 2018.04.10 2016가합50590
부당이득금
Text

1. The Defendant’s annual interest in KRW 171,317,548 and KRW 71,317,548 among the Plaintiff, from July 7, 2016 to February 5, 2018.

Reasons

1. Basic facts

A. (1) On April 20, 2016, the Plaintiff: (a) the Defendant on the ground Eel (hereinafter “instant telecom”) on the ground of Gangnam-si D (hereinafter “instant telecom”).

2) The remodeling construction work (hereinafter “instant construction work”)

(1) A contract for construction amount of KRW 1,485,00,000 (including value-added tax) and for construction period from April 21, 2016 to July 12, 2016 (hereinafter “instant contract”).

(2) The Plaintiff and the Defendant agreed to pay the construction cost under the instant contract in accordance with the construction process as follows:

On April 26, 2016, 200 74,250,000 74,250,000 297,00 297,000 297,000 part payments (20%), 297,000,000 297,000 part payments (20%) on May 4, 2016, 200 297, 200 20,000 part payments (20 297,000,000 20,000 7,000 20,000 20,000 20, 205, 207, 200,000 20,000 20,06, 205, 206, 205, 206, 205, 206, 2016.

Accordingly, the instant corporation was virtually suspended on or around June 13, 2016.

2. On June 16, 2016, the Plaintiff paid the construction price in this case to the Defendant on the premise that the work price has been completed, and even after payment of 50% of the construction price up to the present date, the progress does not reach 50%, and at any time, the Plaintiff intended to pay the construction price according to the rate of work progress, and according to the initial agreement, the Plaintiff intended to pay the construction price pursuant to the rate of work progress.

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